Amendment status not verified — confirm the current text below against the official source.
offences by companies CHAPTER VI OFFENCES AND PENALTIES Whoever contravenes the provisions of this Act or the rules made there under shall be punishable with fine which may extend to rupees fifty thousand and in the case of a continuing contravention, with an additional fine which may extend to rupees two thousand for every day during which such contravention continues: Provided that, the total amount of fine shall not exceed rpees two thousand per worker employed in a shop or establishment. Save as is otherwise expressly provided in this Act, where an employer on being held guilly of contravention of any of the provisions of this Act or any rules made there under which has resulted in an accident causing serious bodily injury or death of a woiker, shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than rupees one lakh which may be extended to rupees two lakhs or with both. (1) Whoever wilfully obstructs the Facilitator in exercise of any powers conferred on him by or under this Act or refuses or wilfully neglects to afford the Facilitator any reasomable facility for making any inspection, examination, inquiry or investigation authorised by or under this Act in relation to a shop or an establishment, shall be punishable with fine which may extend to rupees one lakh, (2) Whoever wilfully refuses to produce on the demand of the Facilitator any register or other document kept in pursuance of this Act or the rules made there - . under, or prevents or attempts to prevent or does anything which be has reason to believe to prevent any person from appearing before, or being examined by the Facilitator acting in pursuance of his duties under this Act, shall be punishable with fine which may extend to rupees two lakhs: Provided that the total amount of fine shall not exceed two thousand rupees per worker employed. . (1) 1If the person committing an offence under this Actis 2 company, the company as well as every person in charge of, and responsible to, the company for the conduct of its business at the time of the cornmission 924 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 Cognizance of offences Compounding of - 32. offences 3L @) @) &) @) O] of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Notwithstanding anything contained in sub section (1) above, where an offence undershis Act has been corumitted by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect vn the part of any director, manager, managing agent or any other officer of the company such director, manager, managing agent or such other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation, - For the purpose of this section, - @ “company” means any body corporate and includes a firm or other association of individuals; and (b) “Director” in relation to a firm, means a pariner in the firm, No court shall take cognizance of any offence punishable under this Act and the rules made there under unless a complaint in respect thereof is made by the Facilitator within three months of the date on which the alleged commission of the offence came to the knowledge of the Facilitator and a complaint is filed in that regard thereby: : Provided that where the offence consists of disobeying a written order made by a Facilitator, complaint thereof may be made within six months of the date on which the offence is alleged to have been committed. No Couxt inferior to that of a Judicial Magistrate of “the first class shall try any offence punishable under this Act or the rules made thereunder, Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a Judicial Magistrate of the first class may impose fine and penalties as provided under section 27 of this Act. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under this Act, not being an.offence punishable with fine, may, on an application of the accused person, Central Act No.2 of 1974 Central Act No.2 of 1974 » THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 925 @ 3 “@) ®) ©) either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may, by notification, in the Official Gazette, specify, for a sum of fifty percent of the maximum fine provided for such offence, in the manner as may be prescribed. Nothing contained in sub-section (1) above, shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date- (a) of commission of a similar offence which was earlier compounded; (b) of commission of similar offence for which such person was earlier convjeted. Every officer refetred to in sub-section (1) above, shall exercise the powers to compound an offence, subject to the direction, control and supervision of the Government. Every application for the compounding of an offence shall be made in such form and manner as may be prescribed. Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded. Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub- section (1) above, in writing to the notice of the Court in which the prosecution is pending and on such rotice of the composition of the offence being given, the person against whom the offence so compounded shall be discharged. (7) Any person who fails to comply with an order made by the officer referred to in sub-section (1) above, shall be liable to pay a sum equivalent to twenty percent of the maximum fine provided for the offence, in addition to such fine. (8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section. 926 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 21, 2025 Protection of